Stimulating legal response for AI misuse sounds like a great direction! The legal field around AI is super-vague now, so helping to define it properly could be a really good thing. Though I would adjust that complaining about chat-bot gaslighting can have the opposite effect by creating noise and reducing attention to more important issues. The other potential problem is that if public actions on AI are immediately punished, it would only make all AI research even more closed. It also would strengthen protective mechanism of the big corporation (the 'antifragility' idea).

My impression is that we need to maximize for strong reaction on big fuck-ups from AI use. And those fuck-ups will inevitably follow, as it happens with all experimental technologies. So, maybe, focusing on stronger cases?

Saw this morning that Eugene Volokh, a well-respected libertarian-leaning law professor who specializes in U.S. free-speech law, and others are working on an law review article about libel lawsuits against developers of LLMs. The post below explains how he asked GPT-4 about someone, got false information claiming that he pled guilty to a crime, and got fake quotes attributed to major media outlets:

https://reason.com/volokh/2023/03/17/large-libel-models-chatgpt-4-erroneously-reporting-supposed-felony-pleas-complete-with-made-up-media-quotes/

The linked article says -- persuasively, in my view -- that Section 230 generally doesn't shield companies like OpenAI for what their chatbots say. But that merely takes away a shield; you still need a sword (a theory of liability) on top of that.

My guess is that most US courts will rely significantly on analogies in absence of legislative action. Some of those are not super-friendly to litigation. Arguably the broadest analogy is to buggy software with security holes that can be exploited and cause damage; I don't think plaintiffs have had much success with those sorts of lawsuits. If there is an interveining human actor, that also can make causation more difficult to establish. Obviously that is all at the 100,000 foot level and off the cuff! To the extent the harmed person is a user of the AI, they may have signed an agreement that limits their ability to sue (both by waiving certain claims, by limiting potential damages, or by onerous procedural requirements that mandate private arbitration and preclude class actions).

There are some activities at common law that are seen as superhazardous and which impose strict liability on the entity conducting them -- using explosives is the usual example. But -- I don't understand there to be a plausible case that using AI in an application right now is similarly superhazardous in a way that would justify extending those precedents to AI harm. 

bob - I think this is a brilliant idea, and it could be quite effective in slowing down reckless AI development.

For this to be effective, it would require working with experienced lawyers who know relevant national and international laws and regulations (e.g. in US, UK, or EU) very well, who understand AI to some degree, and who are creative in seeing ways that new AI systems might inadvertently (or deliberately) violate those laws and regulations. They'd also need to be willing to sue powerful tech companies -- but these tech companies also have very deep pockets, so litigation could be very lucrative for law firms that have the guts to go after them.

For example, in the US, there are HIPAA privacy rules regarding companies accessing private medical information. Any AI system that allows or encourages users to share private medical information (such as asking questions about their symptoms, diseases, medications, or psychiatric issues when using a chatbot) is probably not going to be very well-designed to comply with these HIPAA regulations -- and violating HIPAA is a very serious legal issue.

More generally, any AI system that offers advice to users regarding medical, psychiatric, clinical psychology, legal, or financial matters might be in violation of laws that give various professional guilds a government-regulated monopoly on these services. For example, if a chatbot is basically practicing law without a license, practicing medicine without a license, practicing clinical psychology without a license, or giving financial advice without a license, then the company that created that chatbot might be violating some pretty serious laws. Moreover, the professional guilds have every incentive to protect their turf against AI intrusions that could result in mass unemployment among their guild members. And those guilds have plenty of legal experience suing interlopers who challenge their monopoly. The average small law firm might not be able to effectively challenge Microsoft's corporate legal team that would help defend OpenAI. But the American Medical Association might be ready and willing to challenge Microsoft.

AI companies would also have to be very careful not to violate laws and regulations regarding production of terrorist propaganda, adult pornography (illegal in many countries such as China, India, etc), child pornography (illegal in most countries), heresy (e.g. violating Sharia law in fundamentalist Muslim countries), etc. I doubt that most devs or managers at OpenAI or DeepMind are thinking very clearly or proactively about how not to fall afoul of state security laws in China, Sharia laws in Pakistan, or even EU privacy laws. But lawyers in each of those countries might realize that American tech companies are rich enough to be worth suing in their own national courts. How long will Microsoft or Google have the stomach for defending their AI subsidiaries in the courts of Beijing, Islamabad, or Brussels?

There are probably dozens of other legal angles for slowing down AI. Insofar as AI systems are getting more general purpose and more globally deployed, the number of ways they might violate laws and regulations across different nations is getting very large, and the legal 'attack surface' that makes AI companies vulnerable to litigation will get larger and larger.

Long story short, rather than focusing on trying to pass new global regulations to limit AI, there are probably thousands of ways that new AI systems will violate existing laws and regulations in different countries. Identifying those, and using them as leverage to slow down dangerous AI developments, might be a very fast, clever, and effective use of EA resources to reduce X risk.

I'm skeptical that this would be cost-effective. Section 230 aside, it is incredibly expensive to litigate in the US. Even if you found a somewhat viable claim (which I'm not sure you would), you would be litigating opposite a company like Microsoft. It would most likely cost $ millions to find a good case and pursue it, and then it would be settled quietly. Legally speaking, you probably couldn't be forced to settle (though in some cases you could); practically speaking, it would be very hard if not impossible to pursue a case through trial, and you'd need a willing plaintiff. Settlement agreements often contain confidentiality clauses that would constrain the signaling value of your suit. Judgments would almost certainly be for money damages, not any type of injunctive relief. 

All the big tech players have weathered high-profile, billion-dollar lawsuits. It is possible that you could scare some small AI startups with this strategy, but I'm not sure if the juice is worth the squeeze. Best case scenario, some companies might pivot away from mass market and towards a b2b model. I don't know if this would be good or bad for AI safety.

If you want to keep working on this, you might look to Legal Impact for Chickens as a model for EA impact litigation. Their situation is a bit different though, for reasons I can expand on later if I have time.

I haven't thought hard about how good an idea this is, but those interested might like to compare and contrast with ClientEarth.

A timely question. I have seen some recent media coverage about other possible legal theories of liability:

• The Wall Street Journal ran an opinion piece this week about a theory of libel for falsely defamatory information produced by AI: ChatGPT Libeled Me. Can I Sue?
• The Economist published an article this week about the interaction of AI and copyright law, drawing an analogy to the effects of Napster on the market for recorded music and highlighting the lawsuit between Getty Images and Stability AI over data collection: A battle royal is brewing over copyright and AI

@Jason  seems in your area any thoughts?

It seems plausible to me that legal liability issues could be used to slow down AI development, at least in the West. But that doesn't mean that donating to legal assistance would be a good use of funds. My sense is that there are many plaintiffs armed with plenty of money to fund their own lawsuits, and some of those lawsuits have already happened.

What might be helpful, however, would be amicus briefs from AI alignment, development, or governance organizations, arguing that AI developers should face liability for errors in or misuse of their products. That seems like something that EA funders might want to consider?